Page:Federal Reporter, 1st Series, Volume 6.djvu/757

 MACKAYE V. MALLOBY. 745 �properties, which still exist and have a money value; that the said play and "double stage" have been used by M. H. Mallory in New York, in connection with each other, over 300 consecutive times, and said play has been performed else- where over 100 times, and therefrom M. H. Mallory and the defendants have received large sums of money, out of which the ourrent expenses of the performances have been paid, the receipts largely exceeding the expenses, and they have in their possession, as owners, property representing their in- vestment of the value of over $80,000, and they have realized in money more than $80,000 Over ail current expenses; that it was the duty of M. H. Mallory and the defendants, undef said contract, to keep accounts of ail moneys invested or experided tbereunder, and of ail moneyS received from business trans- acted thereunder, and give to the plaintiff transoripts thereof , or permit him to inspect them; that in May, 1880, saad agreement was modified so that thereafter the salary of the plaintili was to be $150 per week, and so that he should have 5 per cent, per month and 5 per cent, per annum of ail profits above current expenses, instead of the 25 per cent. ; that in July, 1880, and since, the plaintiff has applied to the defend- ants for an account of the receipts and expenditures of moneys under said agreement, but they have refused to ren- der him any account save two scraps of paper, which are set out; that said scraps, as statements of account, are false, crediting to the defendants moneys not expended; that in keeping their accounts the defendants have omitted to set down as profits or eamings certain items named, which ought to be taken in account in determining the resulta and profits of the business ; that since December 8, 1880, the defendants have refused to pay to the plaintiff a salary of more than $100 a week; that they have neglected to perform said agree- ment in other matters set forth, and have given themselves an erroneous gpecified credit; that sometime after the mak- ing of said contract, and during the happening of the matters above stated, the defendant G. S. Mallory obtained from M. H. Mallory an interest.in said contract, and in the property and assets which had teen accuiiiulated by said M. H. Mal- ��� �